Political Holiday
Today is Constitution Day, the day the latest constitution was ratified in 1978. It's a holiday, one of many this month. The day after tomorrow is also a holiday, though I don't know why it still is, in a lay state like Spain is supposed to be. December 8th is the day of the Immaculate Conception. Later on this month, besides Christmas Day, the 24th is a half day because everything closes early for families to eat Christmas Eve dinner together. The 31st is another half day for people to sit around the table together again.
I suppose when Spain made the change to a monarchical representative democracy (it's a mouthful, but it describes our government), there was a need to stop and celebrate it every year. It just so happened that the latest constitution was ratified on December 6th. I wish it had been ratified on August 6th, then we'd have another holiday in the summer.
Spain, though not generally known for its liberal thinking, has had quite a few constitutions, starting with the 1812 one, knicknamed "La Pepa" because it was ratified on March 19th, feast day of Saint Joseph (Pepe is a knickname for José, and Pepa for Josefa). There have been a total of eight constitutions ratified in this land, most of them during the nineteenth century, when absolutism reared its last stand against the Illustration which began to take hold with the invasion of Napoleon. Napoleon's ideas won a foothold in the political thinking of nineteenth century Spain, though he and his troops ended up losing the physical battles. Different currents of political thought created different constitutions and ways of seeing the state and its laws. One might say Franco's dictatorship was a last hurrah for absolutism and its outmoded way of thinking.
The present constitution, however it may enshrine the principles of a modern democracy, is a mishmash of styles and confusion. It is a very long book written in such a way as to be intelligible only to a law student. In fact, they must be the only ones who ever read it. In stark contrast to the bombastic, yet clear prose of the eighteenth century language in the United States constitution, the Spanish one is like wading through a swamp with leeches and kudzu plants wrapping themselves around your poor brain.
Even though it tends to be referred to in a sense of hushed awe, it is really not very permanent. It can be changed easily. All an amendment needs is to have 3/5 of the Congress and 3/5 of the Senate vote in its favor to be approved. The most difficult laws to be changed are those that refer to the monarchy or the basic institutions of government. So, if the constitution were to be changed to allow the sovereign's first born child, regardless of sex, to succeed to the throne, that proposition would need to be approved by 2/3 in both Congress and Senate. Then, the government would need to be dissolved and new elections held. After that, if the new government still approves the change in law, the proposed law would have to submit to a referendum. In other words, seeing as how no two Spaniards seem to agree on a subject, it's a way of ensuring the most basic aspects of the government don't change, whether on a whim, or even with serious discussion.
I just hope it continues to guarantee basic liberties, and that no future government does anything to take those away. Unfortunately, history seems to be a series of loops, and it looks like we're looping back into a scary time in the world.
I suppose when Spain made the change to a monarchical representative democracy (it's a mouthful, but it describes our government), there was a need to stop and celebrate it every year. It just so happened that the latest constitution was ratified on December 6th. I wish it had been ratified on August 6th, then we'd have another holiday in the summer.
Spain, though not generally known for its liberal thinking, has had quite a few constitutions, starting with the 1812 one, knicknamed "La Pepa" because it was ratified on March 19th, feast day of Saint Joseph (Pepe is a knickname for José, and Pepa for Josefa). There have been a total of eight constitutions ratified in this land, most of them during the nineteenth century, when absolutism reared its last stand against the Illustration which began to take hold with the invasion of Napoleon. Napoleon's ideas won a foothold in the political thinking of nineteenth century Spain, though he and his troops ended up losing the physical battles. Different currents of political thought created different constitutions and ways of seeing the state and its laws. One might say Franco's dictatorship was a last hurrah for absolutism and its outmoded way of thinking.
The present constitution, however it may enshrine the principles of a modern democracy, is a mishmash of styles and confusion. It is a very long book written in such a way as to be intelligible only to a law student. In fact, they must be the only ones who ever read it. In stark contrast to the bombastic, yet clear prose of the eighteenth century language in the United States constitution, the Spanish one is like wading through a swamp with leeches and kudzu plants wrapping themselves around your poor brain.
Even though it tends to be referred to in a sense of hushed awe, it is really not very permanent. It can be changed easily. All an amendment needs is to have 3/5 of the Congress and 3/5 of the Senate vote in its favor to be approved. The most difficult laws to be changed are those that refer to the monarchy or the basic institutions of government. So, if the constitution were to be changed to allow the sovereign's first born child, regardless of sex, to succeed to the throne, that proposition would need to be approved by 2/3 in both Congress and Senate. Then, the government would need to be dissolved and new elections held. After that, if the new government still approves the change in law, the proposed law would have to submit to a referendum. In other words, seeing as how no two Spaniards seem to agree on a subject, it's a way of ensuring the most basic aspects of the government don't change, whether on a whim, or even with serious discussion.
I just hope it continues to guarantee basic liberties, and that no future government does anything to take those away. Unfortunately, history seems to be a series of loops, and it looks like we're looping back into a scary time in the world.
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